1995 Wisconsin Act 227

227,887 Section 887 . 159.05 of the statutes is renumbered 287.05, and 287.05 (8) and (9), as renumbered, are amended to read:

287.05 (8) That the powers enumerated under s. 159.13 287.13 constitute proper powers consistent with uniform state policies concerning solid waste reduction, reuse, recycling, composting and resource recovery from solid waste; these powers are necessary for the safe, beneficial, economical and lawful management of solid waste; and these powers are necessary to accomplish or facilitate these uniform state policies by encouraging the financing, acquisition, construction, improvement, operation, maintenance and ownership of recycling and resource recovery facilities. The powers enumerated under s. 159.13 287.13 constitute proper powers consistent with essential and legitimate governmental functions; and these powers are to be utilized in providing for the health, safety and welfare of and providing services and benefits for inhabitants of municipalities, counties and this state.

(9) That the state policies declared under this section and the standards, criteria, requirements and procedures established under s. 159.13 287.13 ensure that a municipality or county exercising powers under s. 159.13 287.13 acts in a manner consistent with uniform state policies and acts as an arm of the state for the public good.

227,888 Section 888 . Subchapter II (title) of chapter 159 [precedes 159.07] of the statutes is renumbered subchapter II (title) of chapter 287 [precedes 287.07].

227,889 Section 889 . 159.07 of the statutes, as affected by 1995 Wisconsin Acts 27 and 142, is renumbered 287.07, and 287.07 (1m) (a), (2), (3) (j) and (7) (a), (b) 1. b., (c) 2. b. and 3., (e), (f), (g) 1. b. and (h) 1. b., as renumbered, are amended to read:

287.07 (1m) (a) Dispose of a lead acid battery or a major appliance in a solid waste disposal facility in this state, except that a person may dispose of a microwave oven in a solid waste disposal facility in this state if the capacitor has been removed and disposed of in accordance with s. 144.79 299.45 (7), if applicable.

(2) Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land spreading facility approved in accordance with ss. 144.43 to 144.47 ch. 289, or burn yard waste without energy recovery in a solid waste facility in this state.

(3) (j) A waste tire, as defined in s. 144.449 289.55 (1) (c).

(7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 159.11 287.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 159.12 287.12. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 159.11 287.11.

(b) 1. b. “Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under s. 144.391 285.60 or 144.44 (4) 289.31 prior to May 11, 1990, except for a medical waste incinerator, as defined in par. (c) 1. cr.

(c) 2. b. The disposal of, in a solid waste disposal facility, a container, package or material identified under sub. (3) or (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ss. 144.43 to 144.47 ch. 289, to render the infectious waste noninfectious.

3. A person may not burn medical waste at a medical waste incinerator unless the person complies with s. 144.382 285.53 (1), if applicable, and obtains from each generator of the medical waste a copy of the policies under sub. (8) (a) and the annual assessment under sub. (8) (b).

(e) The department may grant a waiver to the prohibition in sub. (2) to allow the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at wood burning facilities that are licensed or permitted under ch. 144 chs. 281, 285 and 289 to 299 under conditions established by the department relating to the feasibility of complying with the prohibition in sub. (2).

(f) The prohibitions in subs. (2) and (3) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 144.44 (3) 289.30.

(g) 1. b. The department determines that granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 159.05 287.05.

(h) 1. b. Granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under s. 159.05 287.05.

227,890 Section 890 . 159.08 of the statutes is renumbered 287.08.

227,891 Section 891. 159.09 of the statutes is renumbered 287.09, and 287.09 (2) (a) and (b) (intro.) and 2m. and (3) (b), as renumbered, are amended to read:

287.09 (2) (a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with s. 159.07 287.07 (1m) to (4) and the priorities under s. 159.05 287.05 (12).

(b) (intro.) Submit to the department by January 1, 1993, a report setting forth how the responsible unit intends to implement its program under par. (a), as it relates to the requirements of s. 159.07 287.07 (3) and (4). The report shall specify all of the following:

2m. The procedures or processes that the responsible unit intends to use to manage solid waste that is not separated for recovery or recycling, consistent with the priorities under s. 159.05 287.05 (12).

(3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2., is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 159.13 287.13 (1) (d), only as provided under s. 159.13 287.13.

227,892 Section 892 . 159.095 of the statutes is renumbered 287.095.

227,893 Section 893 . 159.10 of the statutes is renumbered 287.10 and amended to read:

287.10 Limit on local regulation. No responsible unit that accepts funds under s. 159.23 287.23 or county or municipality located within such a responsible unit may impose a restriction, except one that is consistent with this chapter or ch. 100, or a tax or fee on the sale or distribution of packaging for a purpose relating to the disposal of the packaging.

227,894 Section 894 . 159.11 of the statutes, as affected by 1995 Wisconsin Act 142 is renumbered 287.11, and 287.11 (1), (2) (a), (b), (c) (intro.), (d) (intro.), (dm), (er), (ew) and (i) and (2m) (a) 2., (b) and (c) and (2p), as renumbered, are amended to read:

287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 159.09 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

(2) (a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in s. 159.07 287.07 (3) and (4).

(b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 159.07 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.

(c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 159.07 287.07 (3) and (4) from that postconsumer waste:

(d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 159.07 287.07 (3) and (4) from that postconsumer waste:

(dm) Beginning in 1997, a system of volume-based solid waste fees to generate revenue equal to the responsible unit's costs for solid waste management other than those reimbursed by the state. This criterion does not apply to any responsible unit that separates for recycling at least 25% by volume or by weight of the solid waste collected within the region by the responsible unit or by any person under contract with the responsible unit. This criterion does not apply to a responsible unit that provides solid waste to an operating solid waste treatment facility, as defined in s. 159.07 287.07 (7) (b) 1. b., under a contract that was in effect on January 1, 1993.

(er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under s. 159.07 287.07 (3) and (4) that is separated for recycling as part of the program.

(ew) Provisions for the management of postconsumer waste that is not separated for recycling or recovery under par. (b) consistent with the highest feasible priority under s. 159.05 287.05 (12).

(i) A reasonable effort, through the implementation of pars. (a) to (h), to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 159.07 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

(2m) (a) 2. “Cost of selling processed material" means the net cost, including any storage costs, of selling processed material to a broker, dealer or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer or manufacturing facility, less the portion of any state financial assistance received under s. 159.23 287.23 or 159.25 287.25 attributable to the processed material.

(b) The department shall, at the request of a responsible unit that has been determined to have an effective recycling program under this section, grant a variance to the requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 159.07 287.07 (3) or (4) that is generated in the responsible unit's region if the department determines that the cost of selling processed material exceeds any of the following:

(c) The department may on its own initiative grant, to one or more responsible units that have been determined to have effective recycling programs under this section, a variance to the requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 159.07 287.07 (3) or (4) that is generated in the responsible units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.

(2p) Materials excepted from prohibitions on land disposal and incineration. (a) The requirements of sub. (2) (b) and (er) do not apply to a material that is subject to an exception under s. 159.07 287.07 (7) (b), (bg) or (c) or a waiver or conditional waiver under s. 159.07 287.07 (7) (h).

(b) The requirements of sub. (2) (er) do not apply to a material that is subject to an exception under s. 159.07 287.07 (7) (f) or a waiver or conditional waiver under s. 159.07 287.07 (7) (g).

(c) The department may grant a responsible unit an exception to a requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 159.07 287.07 (7) (d).

(d) A responsible unit may not prohibit the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 144.44 (3) 289.30.

(e) A responsible unit may not prohibit the disposal in a solid waste disposal facility or the burning in a solid waste treatment facility of any material for which the department has granted a waiver or conditional waiver under s. 159.07 287.07 (7) (g).

227,895 Section 895 . 159.12 of the statutes is renumbered 287.12, and 287.12 (3), as renumbered, is amended to read:

287.12 (3) Effective siting program. The state in which an out-of-state unit is located has an effective program for siting municipal solid waste treatment facilities and municipal waste landfills if the combined capacity added within the previous 4 years by the construction of new or the expansion of existing municipal solid waste treatment facilities and municipal waste landfills in that state exceeded the amount of solid waste generated in the state during those years, excluding high-volume industrial waste, as defined in s. 144.44 (7) (a) 1. 289.01 (17), prospecting or mining waste and demolition waste.

227,896 Section 896 . 159.13 of the statutes is renumbered 287.13, and 287.13 (2) (d), (3) (d), (5) (e), (8) (j), (10) (intro.), (16) and (17) (bg), as renumbered, are amended to read:

287.13 (2) (d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and ch. 144 chs. 281, 285 and 289 to 299 and all necessary permits, licenses and approvals required by the department are obtained.

(3) (d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and ch. 144 chs. 281, 285 and 289 to 299 and all necessary permits, licenses and approvals required by the department are obtained.

(5) (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 144.441 (1) (a) 289.01 (3), owned by the generator and designed and constructed for the purpose of accepting that type of solid waste.

(8) (j) Construction, operation, maintenance, expansion, modification and closure of the facility will comply with ch. 144 chs. 281, 285 and 289 to 299 and all permits, licenses and approvals required by the department will be obtained.

(10) Municipal waste flow control ordinance. (intro.) Except as provided under sub. (4), a municipality may adopt a municipal waste flow control ordinance if the municipality adopted an appropriate initial intent resolution under sub. (6), if the municipality or, if the municipality enters into an agreement under sub. (3), the responsible municipality submitted the necessary comprehensive facility project description report required under sub. (7), if the municipality issued a determination of best public interest utilizing criteria under sub. (8) after conducting the hearing required under sub. (9) and if the facility complies with this chapter and ch. 144 chs. 281, 285 and 289 to 299 and all permits, licenses and approvals required by the department are obtained. The municipal waste flow control ordinance shall include:

(16) Permits, license and approvals; report review and fees; proof of financial responsibility. (a) A municipality may not construct, operate, maintain, expand, modify or close any facility for the recycling of solid waste or for the recovery of resources from solid waste in violation of ch. 144 chs. 281, 285 and 289 to 299 or without any license, permit or approval required by the department.

(17) (bg) Solid waste of each type to be incinerated, as determined in the air permit under s. 144.391 285.60, shall be recycled by means other than incineration to the extent of economic feasibility.

227,897 Section 897 . 159.15 of the statutes is renumbered 287.15, and 287.15 (2) (c) and (d), (3) (b) and (c), (4) and (5), as renumbered, are amended to read:

287.15 (2) (c) Exemption. An engine waste oil collection facility maintained by a retail sales establishment which is of a type approved by the department is exempt from the rules promulgated under s. 144.435 289.05 (1) and need not be licensed as a solid waste disposal facility under s. 144.44 subch. III of ch. 289.

(d) Compliance with solid and hazardous waste regulations. Except as provided under par. (c), no person may maintain or operate an engine waste oil collection facility unless the person complies with the requirements of ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under those sections chapters with respect to that facility.

(3) (b) Exemption. If a municipality submits and obtains approval from the department for an informal plan of operation for an engine waste oil storage facility and constructs, maintains or provides for an engine waste oil storage facility of a type approved by the department, that facility is exempt from the rules promulgated under s. 144.435 289.05 (1) and need not be licensed as a solid waste disposal facility under s. 144.44 subch. III of ch. 289. The informal plan of operation shall contain the information and be in a form approved by the department but is not required to be prepared by a registered professional engineer.

(c) Compliance with solid and hazardous waste regulations. Except as provided under par. (b), no person may maintain or operate a facility for the storage of engine waste oil unless the person obtains a license and complies with the requirements of ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under those sections chapters with respect to that facility.

(4) Waste oil transportation. (a) Exemptions. 1. The department shall exempt a consumer from the licensing and other requirements of s. 144.64 291.23 and rules promulgated under that section s. 291.05 (5) for the transportation of engine waste oil.

2. The department may exempt a retail sales establishment or a service establishment from the licensing and other requirements of s. 144.64 291.23 and rules promulgated under that section s. 291.05 (5) for the transportation of engine waste oil.

(b) Compliance with solid and hazardous waste regulations. Except as provided under par. (a), no person may transport engine waste oil unless the person obtains a license and complies with the requirements of ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under those sections chapters with respect to the transportation of the engine waste oil.

(c) Collection and transportation service. A person who collects and transports waste oil for sale or transfer to waste oil recyclers or for other approved methods of disposal shall obtain a license and comply with the requirements of ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under these sections chapters. When issuing the license under s. 144.64 291.23, the department shall require any person who collects and transports waste oil to provide services to any collection or storage facility within his or her geographic area which has accumulated 200 gallons or more of engine waste oil. The department may revoke a license issued under s. 144.64 291.23 if a person who collects and transports waste oil fails to provide services to collection or storage facilities within his or her geographic area which have accumulated 200 gallons or more of engine waste oil.

(5) Waste oil recycling. No person may maintain or operate a facility for the recycling of engine waste oil unless the person obtains a license and complies with the requirements of ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291 and rules promulgated under those sections chapters with respect to that facility.

Note: Several provisions in this section relate to the transportation of waste oil and the requirement for a permit for that activity, but the cross-reference is to s. 144.64, which includes licensing requirements for other types of hazardous waste management activities and facilities. Accordingly, the cross-reference is narrowed to current s. 144.64 (1), renumbered as s. 291.23, which relates to the license for hazardous waste transportation.

227,898 Section 898 . 159.17 of the statutes, as affected by 1995 Wisconsin Act 27, section 4415d, is renumbered 287.17, and 287.17 (1) (b), (c) and (d) and (5), as renumbered, are amended to read:

287.17 (1) (b) “Solid waste facility" has the meaning given under s. 144.43 (5) 289.01 (35).

(c) “Tire dump" has the meaning given under s. 144.449 289.55 (1) (b).

(d) “Waste tire" has the meaning given under s. 144.449 289.55 (1) (c).

(5) Other recovery activities by department. The department may conduct a recovery activity designed to reduce the volume of waste tires in a tire dump that does not receive at least 95% of its tires from Wisconsin retailers and residents if the department, after due diligence, is unable to recover nuisance abatement expenses under s. 144.449 289.55 (5) from a person responsible for a nuisance at a tire dump after the department has initiated abatement activities.

227,899 Section 899 . 159.18 of the statutes is renumbered 287.18.

227,900 Section 900 . 159.185 of the statutes is renumbered 287.185.

227,901 Section 901 . 159.19 of the statutes, as affected by 1993 Wisconsin Act 75, is renumbered 287.19, and 287.19 (1) (intro.), (a) 2. and 3. and (b) (intro.) and (2), as renumbered, are amended to read:

287.19 (1) Duties. (intro.) The department shall provide assistance to individuals, groups, businesses, state agencies, counties and municipalities in all aspects of recycling consistent with this subchapter, and whenever practical shall be provided with an emphasis on documents and material easy to read and understand by the general public. This assistance may be provided through programs established under s. 159.21 287.21 and shall include all of the following:

(a) 2. Maintaining current estimates of the amount of components of solid waste specified in s. 159.07 287.07 generated by categories of businesses, industries, municipalities and other governmental entities.

3. Providing solid waste generators with information on how to manage solid waste consistent with s. 159.05 287.05 (12).

(b) Recycling programs. (intro.) With respect to programs created under s. 159.09 287.09 (2) (a):

(2) Powers. In providing assistance under sub. (1), the department may provide assistance relating to the marketing of materials recovered from solid waste, if the provision of that assistance is a responsibility assigned to the department in a memorandum of understanding under s. 159.03 (3) (b), contract or other agreement with the recycling market development board.

227,902 Section 902 . 159.21 of the statutes is renumbered 287.21, and 287.21 (intro.), as renumbered, is amended to read:

287.21 Statewide education program. (intro.) The department shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs under ss. 159.01 287.01 to 159.31 287.31, enhance municipal and county solid waste management programs under s. 159.09 287.09 (2) (a) and inform the public of the relationship among an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in s. 159.05 287.05 (12). The department shall prepare the information and programs on a statewide basis for the following groups:

227,903 Section 903 . 159.215 of the statutes is renumbered 287.215.

227,904 Section 904 . 159.22 of the statutes, as affected by 1993 Wisconsin Act 75, is renumbered 287.22.

227,905 Section 905 . 159.23 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 287.23, and 287.23 (1) (ar), (3) (a) 2., (am) 1. and (b), (4) (a) and (b) 1. and 2. and (5) (c) 3. and 4., as renumbered, are amended to read:

287.23 (1) (ar) “Avoided disposal cost" means the amount of the cost of disposing of solid waste that a responsible unit avoids as a result of operating a solid waste management program with one or more of the components specified in s. 159.11 287.11 (2) (a) to (h) during the year for which an application is submitted under sub. (4).

(3) (a) 2. For assistance in 1995 to 1999, a responsible unit that has been determined under s. 159.11 287.11 to have an effective recycling program.

(am) 1. That the responsible unit has not maintained an effective recycling program following approval of the recycling program under s. 159.11 287.11.

(b) Only expenses, including capital expenses, anticipated to be incurred for planning, constructing or operating a recycling program with one or more of the components specified in s. 159.11 287.11 (2) (a) to (h) and for complying with the prohibition under s. 159.07 287.07 (2) during the year for which an application is submitted under sub. (4) are eligible for assistance under the program.

(4) (a) The information specified in s. 159.09 287.09 (2) (b).

(b) 1. Making continued progress in creating an effective recycling program under s. 159.11 287.11 by January 1, 1995.

2. Maintaining an effective recycling program following approval of the recycling program under s. 159.11 287.11.